Consecutive state governments have been scolded by disability groups and senior law firms for a “debacle” over six years resulting in Queensland’s new trains not meeting international disability access standards despite a $4.4 billion price tag.
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Repairs for the trains to meet those standards could cost taxpayers $150 million.
The Human Rights Commission on Friday refused an application by Queensland’s Palaszczuk Labor government for a three-year exemption for its failure to have toilets on the New Generation Rollingstock meeting international standards for disability access.
In effect, the Human Rights Commission preliminary ruling means the Queensland government is now discriminating against people with disabilities with its new trains.
People with disabilities could take legal action against the government for an incident in a toilet on one of the trains and accuse it of discrimination.
Spinal Life Australia is one of the disability advocacy groups that challenged the Queensland government’s call for an exemption.
John Mayo, the group’s government adviser, said the failure of consecutive governments to design new trains that met disability access standards was a debacle.
“The design was pushed through without proper consultation,” Mr Mayo said.
“And what that has bought to light is that Queensland government needs far better procurement processes for its major infrastructure projects,” he said.
Mr Mayo said vast improvements must be made.
“What we want to come out of this debacle is that this should never happen again,” he said.
“And the way that can occur is for the government to put in place measures to ensure equitable access for all users in future projects.
“By doing it right at the planning and procurement stage we won’t have this type of issue coming up again.”
Mr Mayo said it was not only people with disabilities who were impacted by the poor design of the toilets.
“It is also the aged, it is people with medical conditions, it’s parents with prams, it’s people with temporary injuries,” he said. “All of those five groups who have been impacted.”
Spinal Life Australia member Bill Simpson, who uses a wheelchair because he has incomplete paraplegia, said people with disabilities faced many problems on Queensland trains, including “inaccessible walkways and bathrooms”.
He added that the location of the guard cab was at the rear of the train, 70 metres from where people requiring boarding assistance waited mid-platform.
“Today’s Australian Human Rights Commission decision was the right step forward,” he said.
Shine Lawyers solicitor Jamie Shine said it was "an incredibly expensive mistake”.
“Taxpayers will now have to fit a $150 million bill just to rectify these errors of poor project management, including Queensland Rail’s failure to involve the disability sector in the early stages of the design process,” she said.
“This is money that could have been spent on desperately needed services that improve accessibility for those with disabilities in the community.
“This is a real setback for all Queenslanders.”
